California Lawsuit Seeks To Test Constitutionality Of Software Copyrights

Law360, New York (December 14, 2004, 12:00 AM EST) -- A long-time activist and newsletter publisher has filed a lawsuit with a federal district court in California to test the constitutionality of copyright protection for software.

The lawsuit, filed earlier this month by intellectual-property consultant Greg Aharonian against Attorney-General John Ashcroft in the Northern District of California, seeks declaratory relief and a declaratory judgment that copyright protection for computer programs is unconstitutional.

The 25-page complaint claims that software already enjoys sufficient intellectual property protection under current patent and trademark laws.

The complaint argues that the definitions...
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